2010 New York Code
RSS - Retirement & Social Security
Article 15 - (600 - 617) COORDINATED RETIREMENT PLAN
600 - Application.

§ 600. Application. a. Notwithstanding any other provision of law, the
  provisions of this article shall apply to all members who join or rejoin
  a public retirement system of the state on or after July first, nineteen
  hundred seventy-six and to all employees who would have been eligible to
  join  or  rejoin  such  a retirement system on or after such date but in
  lieu thereof elected an  optional  retirement  program  to  which  their
  employers are thereby required to contribute, except the following:
    1.  Members of the New York state and local police and fire retirement
  system;
    2. (a) Members in the uniformed personnel in  institutions  under  the
  jurisdiction  of  the  department  of  correctional services of New York
  state, other than certain persons as defined in this section or the  New
  York city department of correction.
    (b) For purposes of this paragraph, certain persons means either:
    (i)  a person who is appointed to the title of superintendent, who has
  had at least seven years of service credited toward the retirement  plan
  established pursuant to this article while employed by the department of
  correctional  services  and  who  elects the retirement plan established
  pursuant to this article within ninety days of his or  her  appointment.
  Such election shall be in writing, shall be duly executed and filed with
  the  comptroller  and  shall be irrevocable as long as such person is in
  the title of superintendent; or
    (ii) a person who serves in the title of superintendent  as  of  April
  first,  two  thousand  six,  who has had at least seven years of service
  credited toward the retirement plan established pursuant to this article
  while employed by the department of correctional services and who elects
  the retirement plan established pursuant to this article  on  or  before
  September  thirtieth,  two  thousand  six.  Such  election  shall  be in
  writing, shall be duly executed and filed with the comptroller and shall
  be irrevocable as long as such person is in the title of superintendent.
    (c) Any person in the title of superintendent who is eligible to  make
  an  election  as  described  in  this section but who does not make such
  election, shall remain a member of  the  retirement  plan  that  persons
  appointed  to the title of superintendent join who do not meet the above
  criteria.
    3. Members of the New York city police pension fund or  the  New  York
  city fire department pension fund;
    4. Members qualified for participation in the uniformed transit police
  force  plan or housing police force plan in the New York city employees'
  retirement systems; and
    5. Investigator member of the  New  York  city  employees'  retirement
  system.
    In  the  event that there is a conflict between the provisions of this
  article and the provisions of any other law or code, the  provisions  of
  this article shall govern.
    b.  Notwithstanding  any  other  provision  of  this  article  to  the
  contrary,  persons  who  on  or  after  July  first,  nineteen   hundred
  seventy-six:
    1.  Enter  the  employment of a public employer which participates for
  such employees in the New York city employees'  retirement  system,  the
  New York city teachers' retirement system and the New York city board of
  education retirement system shall be required to become members or shall
  be  eligible  or  ineligible for membership in such retirement system or
  pension fund in the manner provided for by the  relevant  provisions  of
  the  New York city administrative code and other relevant laws and rules
  and regulations except that, notwithstanding any other provision of law,
  members who were employed by the New York city board  of  education  and
  assigned  during the first fifteen days of the school term to a position

which is expected to be vacant for the term and who were employed in one
  of the three school years immediately  prior  to  July  first,  nineteen
  hundred  seventy-six  in  a position which did not entitle them to apply
  for  membership  in  a public retirement system and who first joined the
  New York city teachers' retirement system subsequent to June  thirtieth,
  nineteen  hundred  seventy-six  shall  have all the rights, benefits and
  privileges applicable to employees who were members of  such  system  on
  June  thirtieth, nineteen hundred seventy-six provided they make written
  application, duly executed and filed with the New  York  city  teachers'
  retirement board prior to July first, nineteen hundred eighty-nine;
    1-a.  Enter the employment of a public employer which participates for
  such employees in the New York city employees'  retirement  system,  the
  New York city teachers' retirement system and the New York city board of
  education retirement system shall be required to become members or shall
  be  eligible  or  ineligible for membership in such retirement system or
  pension fund in the manner provided for by the  relevant  provisions  of
  the  New York city administrative code and other relevant laws and rules
  and regulations except that, notwithstanding any other provision of law,
  members who were employed by the New York city  board  of  education  as
  regular  substitute  teachers when assigned as such and members who were
  employed by the New York city board of education and assigned during the
  school year to a position which was expected to be vacant for the school
  year, such members having been employed for a period of  not  less  than
  twenty  school  days during such school year in a position which did not
  entitle them to apply for membership in a public retirement  system  and
  who  first  joined  the New York city teachers' retirement system or the
  New York state teachers' retirement system subsequent to June thirtieth,
  nineteen hundred seventy-six shall have all  the  rights,  benefits  and
  privileges  to  which  they  would  have been entitled had their current
  membership begun on the date their original service commenced,  provided
  they  make  written  application,  duly  executed  and  filed  with  the
  retirement system in which they are members on or before June thirtieth,
  two thousand three. Any member of a teachers' retirement system  who  is
  entitled  by  reason  of this paragraph to have all the rights, benefits
  and privileges of a member of such system as of a  date  prior  to  July
  first, nineteen hundred seventy-six shall not be entitled to a refund of
  any  contributions  made  to  such system prior to the effective date of
  this paragraph pursuant to this article  or  article  fourteen  of  this
  chapter;
    2.  Enter  the  employment of a public employer which participates for
  such employees in the New York state teachers' retirement  system  shall
  be  required  to  become  members or shall be eligible or ineligible for
  membership in such retirement system in the manner provided for  by  the
  relevant provisions of the New York state education law;
    3.  Enter  the  employment of a public employer which participates for
  such employees in the New York state  employees'  retirement  system  in
  positions in which they shall work full time shall be required to become
  members;
    (a)  Provided,  however, persons in the employ of such employers after
  such date in positions in which they work less than full time  shall  be
  permitted  to become members of the New York state employees' retirement
  system by filing an application therefor in the manner provided  for  by
  section forty of this chapter;
    (b)  Provided  further  that an employee of a county extension service
  association or Cornell university appointed for the  first  time  on  or
  after  August  first, nineteen hundred seventy-seven who holds a federal
  cooperative appointment with the United States department of agriculture
  as designated  by  the  director  of  the  New  York  state  cooperative

extension  service  and who is eligible for participation in the federal
  retirement system  shall  be  excluded  from  membership  in  the  state
  employees' retirement system; and
    (c)  Provided  further that any employee of a county extension service
  association and any employee of Cornell  university  appointed  for  the
  first  time  on or after July first, nineteen hundred seventy-six but on
  or before July thirty-first, nineteen hundred seventy-seven, who holds a
  state cooperative appointment as designated by the director of  the  New
  York  state cooperative extension service may elect to receive a federal
  cooperative appointment in the  manner  provided  for  by  the  relevant
  federal  laws,  rules  and regulations and to participate in the federal
  retirement  system  and  discontinue  his  participation  in  the  state
  retirement system by filing a written notice of termination on or before
  December   thirty-first,   nineteen   hundred   eighty-three   with  the
  comptroller. Any employee who  is  a  member  of  the  state  employees'
  retirement  system  at the time he or she elects coverage in the federal
  retirement program shall be deemed  to  be  a  person  who  discontinues
  service  on  the  effective  date  of  such election, for the purpose of
  determining his or her eligibility for rights and benefits in such state
  system;  provided,  however,  that  if  he  or  she  does  not  withdraw
  accumulated   contributions,  (i)  continued  service  with  the  county
  extension service association or  Cornell  university  while  under  the
  federal  retirement  program shall be deemed to be member service in the
  New  York  state  employees'  retirement  system  for  the  purpose   of
  determining  eligibility for any vested retirement allowance, retirement
  allowance or ordinary death benefit under such system dependent  upon  a
  specified  period of total service or upon attainment of a specified age
  while in service or upon death while in service; and (ii) the amount  of
  any  such  benefit  to  which  the person or his or her estate or person
  designated by him or her may become entitled under  either  such  system
  shall  be  computed only on the basis of service otherwise creditable to
  him or her therein and his or  her  compensation  during  such  service.
  Electing  employees and their beneficiaries shall not be entitled to any
  right or benefit under the New York state employees'  retirement  system
  other  than  a  vested  retirement  allowance,  retirement  allowance or
  ordinary death benefit to the extent  expressly  provided  for  in  this
  chapter.
    c.  The  provisions  of  this article shall not be construed to extend
  coverage to an employee who would not have been, if employed in the same
  capacity on June thirtieth, nineteen hundred seventy-six,  eligible  for
  membership in the retirement system involved.